EPA v. ATLAS MANAGEMENT

Case summary

Civil administrative complaint against Atlas Property Management, Inc. and 4 property owners alleging multiple violations of the Lead Disclosure Rule under TSCA. Atlas is a property management company that manages more than 250 residential apartments in the Holyoke area. The other named respondents owned properties managed by Atlas. EPA alleges that respondents failed to comply with the Disclosure Rule in 2007 and 2009 when they leased 10 apartment units. Each of the properties is in a potential environmental justice area of concern due to the relatively large numbers of low-income and/or minority residents living there. In the complaint, EPA is seeking up to the statutory maximum of $11,000 or $16,000 (depending on the date of noncompliance) for each of the alleged violations. Violations include failure to provide tenants with a lead pamphlet, failure to disclosure to tenants the presence of lead-based paint (LBP) or LBP hazards and provide records of the same, failure to include a lead warning statement in or with each lease, and failure to include a statement in or with each lease disclosing the presence of LBP or indicating no knowledge thereof. Settlement #1. This $3,500 settlement is based on ability to pay and resolves EPA's administrative penalty claims against Archgate Townhouses, one of three Respondent named in this action. A separate CAFO settlement was subsequently filed, in December 2011, between EPA and the two other Respondents, Atlas Property Management and the 224-224A Washington St. Nominee RE Trust, for $12,500, also based on ability to pay. Settlement #2. This settlement resolves the remainder of this administrative case and is between EPA and the two remaining Respondents (Atlas Property Management and the 224-224A Washington St. Nominee RE Trust) for $12,500 penalty, based on ability to pay. A prior CAFO settlement was filed, in November 2011, between EPA and the other named Respondent, Archgate Townhouses, for $3,500 penalty, also based on ability to pay.

Defendants (5)

• 24-224A WASHINGTON STREET INCNamed in complaintNamed in settlement
• ILYA M SHNAYDER (INDIVIDUAL)Named in complaintNamed in settlement
• ADAR INVESTMENTS LLCNamed in complaintNamed in settlement
• ARCHGATE TOWNHOUSES LLCNamed in complaintNamed in settlement
• ATLAS MANAGEMENT (SB)Named in complaintNamed in settlement

Facilities (1)

• ATLAS MANAGEMENT

  663 HIGH STREET, HOLYOKE, MA, 01040

  Registry ID: 110032621410

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (2)

• ATLAS MANAGEMENTentered 2011-12-15

  Primary law: TSCA

  Federal penalty: $12,500

• ATLAS MANAGEMENTentered 2011-11-28

  Primary law: TSCA

  Federal penalty: $3,500

Timeline (3 milestones)

• 2010-12-22Enforcement Action Data Entered
• 2011-05-03Complaint Filed/Proposed Order
• 2011-12-15Final Order Issued